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applying law to any legal issue or dispute, users should consult the original Slovenian texts 
published in the Official Gazette of the Republic of Slovenia.  Notice: Text of the basic 
regulation  
ACT  
REGULATING COLLECTIVE MANAGEMENT OF COPYRIGHT AND RELATED RIGHTS 
(ZKUASP)  
I. GENERAL PROVISIONS  
Article 1  
(Subject)  
This Act regulates collective management of copyright and related rights, the 
procedure for granting permits to collectively manage such rights, the procedure for 
concluding common agreements and setting tariffs for the use of copyright works, the 
operation of the Copyright Board, the procedure for multi -territorial licensing of online rights 
in musical works, dispute settlement, and the super vision of the implementation of this Act.  
Article 2  
(Transposed EU directives)  
(1) This Act shall transpose into the legislation of the Republic of Slovenia 
Directive 2014/26/EU of the European Parliament and of the Council of 26 February 2014 on 
collectiv e management of copyright and related rights and multi -territorial licensing of rights 
in musical works for online uses in the internal market (OL L 84, 20.3.2014, p. 72; 
hereinafter: Directive 2014/26/EU).  
(2) This Act shall partly transpose the following Directives into the legislation of the 
Republic of Slovenia:  
- Council Directive 93/83/EEC of 27 September 1993 on the coordination of certain rules 
concerning copyright and rights related to copyright applicable to satellite broadcasting 
and cable retransm ission (OJ L 248, 6.10.1993, p. 15) and  
- Directive 2006/116/EC of the European Parliament and of the Council of 12 December 
2006 on the term of protection of copyright and certain related rights (OJ L 372, 
27.12.2006, p.  12), as last amended by Directive 2011/77/EU of the European 
Parliament and of the Council of 27 September 2011 amending Directive 2006/116/EC 
on the term of protection of copyright and certain related rights (OJ L 265, 11.10.2011, 
p. 1). 
Article 3  
(Definitions) For the purposes of this Act,  the following definitions shall apply:  
- "rights revenue" shall mean the income derived from the use of a copyright work or a 
subject -matter of related rights;  
- "copyright", "related rights" and "copyright work" shall have the same meanings as in the 
act gov erning copyright and related rights;  
- "Member State" shall mean a Member State of the European Union or the European 
Economic Area;  
- "rightholder" shall mean an author, performer, phonogram producer, film producer, 
broadcasting organisation, publisher, maker  of a database or any other person, except a 
collective management organisation, to whom particular material copyrights or other 
rights of the author or related rights are transferred by an act, contract or other legal 
transaction or who is entitled to rec eive rights revenue under a contract or other legal 
transaction or an act;  
- "connected person" shall have the same meaning as in the act governing media;  
- "online rights in musical works" shall have the same meaning as in the act governing 
copyright and related rights and shall be acquired by a user for online use of musical 
works;  
- "competent authority" shall be the Slovenian Intellectual Property Office;  
- "register" shall have the same meaning as in the act governing the legal form of legal 
persons that are c ollective management organisations;  
- "repertoire" shall mean a list of copyright works in respect of which a collective 
management organisation or an independent management entity manages copyrights;  
- "statute" shall mean a memorandum of association of a legal person;  
- "foreign collective management organisation" shall mean a collective management 
organisation with no registered office or subsidiary in the Republic of Slovenia; and  
- "multi -territorial licence" shall mean a permit to use a copyright work covering the 
territory of more than one Member State.  
Article 4  
(Collective management organisation)  
A collective management organisation shall be a legal person to whom a permit is 
granted by the competent authority and which is authorised by  a rightholder or by this Act to 
manage copyright or rights related to copyright on behalf of and for the account of more than 
one rightholder, for the collective benefit of such rightholders, as its sole or principal activity, 
and shall be either or both  
- owned or controlled by its members and/or  
- organised on a not -for-profit basis.  
Article 5  
(Independent management entity)  
(1) An independent management entity shall be a legal person to whom a permit is 
granted by the competent authority and which is author ised to manage copyright or rights 
related to copyright on behalf of more than one rightholder, for the collective benefit of those 
rightholders, as its sole or principle gainful activity, and is neither owned nor controlled, 
directly or indirectly, wholly  or in part, by rightholders.  
(2) Film producers, phonogram producers, broadcasters, publishers, and 
managers and agents acting as rightholders’ intermediaries shall not be deemed 
independent management entities.  (3) Independent management entities shall be subject to paragraphs one and 
three of Article 13, paragraphs two and four of Article 14, Article 38, points 2, 3, 6, 9, 10, 12 
and 13 of paragraph one of Article 39, paragraph five of Article 44, and Articles 69 to 72 of 
this Act. 
Article  6 
(Related rig hts) 
The provisions of this Act relating to copyright shall apply mutatis mutandis  to 
related rights, with the exception of provisions on multi -territorial licences for online rights in 
musical works.  
Article 7  
(Individual and collective management)  
(1) Copyrights shall be managed separately (individually), that is separately for 
each copyright work, or jointly (collectively), that is jointly for several copyright works of 
several authors.  
(2) Rightholders shall decide themselves whether to manage copyrights personally 
or via a representative or whether to authorise a collective management organisation or 
independent management entity to manage their copyrights on published copyright works, 
unless otherwise provided by this Act.  
(3) As long as the collecti ve management of rights is entrusted to a collective 
management organisation pursuant to authorisation granted by a rightholder or this Act, the 
author may not personally manage those rights unless otherwise provided by this Act.  
Article 8  
(Management via a representative)  
(1) Management of copyrights via a representative shall include:  
1. representing authors in legal transactions and relationships with users or commissioning 
clients, including collecting rights revenues or other compensation and  
2. representing authors in proceedings before courts or other public authorities to protect 
their copyrights.  
(2) Where authors exercise their rights before courts or other public authorities via 
a representative – whether a natural or a legal person – the representative shall be entitled to 
receive payment for services rendered and to reimbursement of costs incurred in providing 
these services determined under the representation tariff, provided that the representative 
meets the conditions for representation before courts or other public authority or these 
conditions are met by an authorised employee of the legal person acting as representative. 
The representation tariff shall be adopted by the representative or an association of 
representatives in agreement  with the minister responsible for justice.  
Article 9  
(Mandatory collective management)  
Notwithstanding paragraph two of Article 7 of this Act, rightholders shall be bound 
to manage their rights on published copyright works via a collective management 
organisation (mandatory collective management) in the case of:  1. communication to the public of non- theatrical musical and written works, with the 
exception of the right to make available to the public referred to in Article 32a of the 
Copyright and Related Rights Act (Official Gazette of the Republic of Slovenia [ Uradni 
list RS], No. 16/07 – official consolidated version, 68/08, 110/13 and 56/15; hereinafter: 
the ZASP);  
2. resale of fine art originals (the resale right referred to in Article 35 of the ZASP);  
3. reproducing copyright works for private or other non- commercial use and their 
photocopying beyond the scope specified in Article 50 of the ZASP;  
4. cable retransmission of copyright works, except in respect of broadcasters’ own 
transmissions, irrespective of whether the rights concerned are their own or have been 
transferred to them by other rightholders; and  
5. the right to additional annual compensation referred to in Article 122b of the ZASP.  
Article 10 
(Exceptions to mandatory collective management)  
(1) Notwithstan ding the preceding Article, the following rights may be managed 
individually by rightholders:  
1. the rights referred to in point 1 of the preceding Article where the main performer at a 
particular event is the rightholder in all works performed and  
2. the right to publicly perform a particular non- theatrical musical work by means of a 
particular phonogram (Article 28 of the ZASP) where the rightholder exclusively holds all 
copyright and related rights for such use.  
(2) The rightholder may invoke the exemption ref erred to in point 1 of the 
preceding paragraph provided that the collective management organisation managing the 
rights is notified thereof not later than 15 days after the use of the copyright work.  
(3) The rightholder may invoke the exemption referred to in point 2 of the 
preceding paragraph provided that the collective management organisation managing the 
rights is notified thereof not later than 15 days prior to the use of the copyright work.  
Article 11 
(General principle of collective management)  
Colle ctive management organisations shall act in the best interest of the 
rightholders whose rights they manage and shall not impose on them any obligations which 
are not objectively necessary for the protection of their rights and interests or for the effectiv e 
management of their rights.  
Article 12 
(Determining the jurisdiction of courts in particular cases)  
Disputes concerning the organisation and operation of collective management 
organisations shall be heard by courts of general jurisdiction and shall be governed by the 
rules of procedure in commercial disputes unless this Act confers jurisdiction on the 
Administrative Court or a court with jurisdiction to decide on intellectual property right 
disputes under the Act governing courts.  
II. PERMITS TO COLLECTIV ELY MANAGE RIGHTS  Article 13 
(Permit application)  
(1) An application for a permit to collectively manage copyright shall be filed with 
the competent authority. The application shall indicate the company name or the name, the 
registered office, and the registration number of the legal person filing the application and the 
copyrights, the categories of rightholders and the types of copyright works referred to in the 
application.  
(2) The application shall be accompanied by:  
1. the statute;  
2. the rules on the di stribution of rights revenue collected;  
3. the rules on the use of undistributed amounts of rights revenue;  
4. the rules on the investment policy with regard to rights revenue investment in bank 
deposits and the use of the income so accrued if applicable;  
5. the rules on operating costs;  
6. the rules on the dedicated funds if applicable;  
7. the risk -management rules;  
8. the repertoire;  
9. the list of members and the list of rightholders that have authorised the legal person to 
manage their copyrights in copyright works, provi ded that the legal person is granted the 
required permit, and the list of such copyrights;  
10. in the case of mandatory collective management of copyrights, signed letters of intent or 
representation agreements concluded with foreign collective management organisations;  
11. evidence of means used for managing copyrights by the collective management 
organisation; and  
12. a decision by persons holding management rights in accordance with laws expressing 
their consent to the permit application and waiving their management  rights in the legal 
person for the duration of the collective management organisation status and for the 
benefit of its members.  
(3) Independent management entities shall enclose with the application referred to 
in paragraph one of this Article:  
1. evidence indicating that they are not directly or indirectly owned or controlled, wholly or 
in part, by the rightholders;  
2. evidence indicating that this is their sole or main gainful activity; and  
3. the list of rightholders that have authorised the legal person to man age their copyrights 
in copyright works, provided that the legal person is granted the required permit, and the 
list of such copyrights and works.  
Article 14 
(Collective management permits)  
(1) The competent authority shall not issue a permit to collectively manage 
copyright to a legal person unless the application and enclosed documents referred to in the 
preceding Article comply with the act governing copyright and related rights and this Act and 
those documents demonstrate that the legal person shall ens ure efficient collective 
management of rights.  
(2) The competent authority shall not issue a permit to collectively manage 
copyright to an independent management entity unless the application and enclosed 
documents referred to in the preceding Article comply with the act governing copyright and 
related rights and this Act.  (3) Notwithstanding paragraph one of this Article, the competent authority shall not 
issue a permit to collectively manage copyright to a legal person in cases referred to in 
Article 9 of  this Act where a permit to collectively manage the same type of copyright works 
and the same rights has already been issued to another collective management organisation.  
(4) The procedure for granting a permit shall be governed by the provisions of the 
act regulating general administrative procedure. No appeal shall be possible against a 
decision of the competent authority, though an action in administrative dispute may be 
brought.  
Article 15 
(Company name or name)  
(1) A company name or name of a collective management organisation shall have 
a k.o. designation.  
(2) The collective management organisation shall apply for entry of the company 
name or the name in the register within 14 days of the issue of the permit.  
III. TASKS OF COLLECTIVE MANAGEMENT ORGANISATIONS AND OUTSOURCED 
SERVICE PROVIDERS  
Article 16 
(Activity of collective management organisations)  
(1) In the scope of its activity, a collective management organisation shall:  
1. permit the use of the works in its r epertoire under similar conditions for similar types of 
uses;  
2. negotiate in good faith with representative associations of users and conclude common 
agreements referred to in Article 44 of this Act;  
3. publish common agreements and inform users about applicabl e tariffs; 
4. conclude representation agreements with foreign collective management organisations 
and publish them;  
5. control the use of copyright works from its repertoire;  
6. issue invoices to users for the use of copyright works from its repertoire and collect and 
recover rights revenue;  
7. distribute collected rights revenue to entitled rightholders in accordance with 
predetermined rules on the distribution and payment of collected rights revenue;  
8. pay allocated rights revenue to entitled rightholders; and  
9. seek protection of copyrights before courts and other state authorities and submit the 
invoices for rights so enforced to authors.  
(2) Notwithstanding the preceding paragraph, the collective management 
organisation may perform administrative and technical tasks related to the collective 
management of rights referred to in points 5 to 7 of the preceding paragraph for another 
collective management organisation. The collective management organisation may only use 
revenue so generated to reduce the operating costs referred to in Article 32 of this Act.  
(3) Collective management organisations may issue joint invoices to users 
indicating the requests for payment of the individual collective management organisations 
involved. Should the payment of the invoice be refused, t he user shall clearly indicate the 
collective management organisation whose request for payment is being denied.  Article 17 
(Outsourced service providers)  
(1) A collective management organisation may transfer administrative and 
technical tasks related to t he collective management of rights referred to in points 5 to 7 of 
paragraph one of the preceding Article to another collective management organisation or 
company (hereinafter: outsourced service provider). The outsourced service provider shall 
not transfer those tasks to another person.  
(2) The collective management organisation shall be held accountable for the 
performance of the tasks transferred to the outsourced service provider.  
(3) An outsourced service provider other than another collective manageme nt 
organisation shall be controlled by the collective management organisation.  
(4) A contract with an outsourced service provider shall include the tasks 
transferred by the collective management organisation to the outsourced service provider. 
The contract  and any amendments thereto shall enter into force when approved by the 
general assembly with a majority of at least three- quarters of voting rights present. 
Cancellation of the contract with the outsourced service provider shall be decided on by the 
management.  
(5) The collective management organisation shall inform the competent authority 
about any conclusion, amendment or cancelation of a contract with an outsourced service 
provider within 14 days of its enforcement.  
(6) The provisions of this Act relati ng to the supervision of collective management 
organisations shall apply mutatis mutandis  to outsourced service providers.  
IV. RIGHTS OF RIGHTHOLDERS AND MEMBERSHIP IN COLLECTIVE MANAGEMENT 
ORGANISATIONS  
Article 18 
(Authorisation by a rightholder)  
(1) A rightholder shall authorise, in writing, a collective management organisation 
to manage a particular copyright on a particular copyright work and specify the territories this 
should apply to, regardlessof the Member State of his/her nati onality or residence and of that 
of the registered office of the collective management organisation.  
(2) The rightholder may only authorise one collective management organisation to 
manage a particular copyright on a particular copyright work for a particular territory. The 
collective management organisation may not manage copyright on a particular copyright 
work unless authorised by the rightholder.  
(3) Notwithstanding the preceding paragraph, the competent collective 
management organisation may mange copy rights without the authorisation of rightholders in 
the cases referred to in Article 9 of this Act.  
(4) Regardless of the authorisation granted to the collective management 
organisation, rightholders may permit non- commercial uses of their copyright work ( for 
humanitarian, cultural, educational purposes, etc.). The rightholder shall inform the collective 
management organisation thereof not later than within 15 days of giving such permission.  (5) The collective management organisation shall not refuse to manage the rights 
referred to in paragraph one of this Article if it manages such categories of rights and types 
of works in a particular territory.  
(6) Rightholders shall have the right to terminate the authorisation referred to in 
paragraph one of this Arti cle in whole or in part. They shall inform the collective management 
organisation thereof one month before the termination is to take effect. The statute of the 
collective management organisation may provide that such termination takes effect at the 
beginning of the new financial year.  
(7) Rightholders shall be entitled to rights revenue collected for their account by 
the collective management organisation for the use of their works and until the time the 
termination takes effect. Rightholders who are members of the collective management 
organisation shall have the same rights as other members of the collective management 
organisation until the termination takes effect.  
(8) The collective management organisation may not make the termination of the 
authorisat ion conditional on entrusting the management of a copyright to another collective 
management organisation.  
(9) The collective management organisation shall inform rightholders about their 
rights under this Article prior to obtaining their authorisation.  
Article 19 
(Membership in collective management organisations)  
(1) Rightholders or persons representing rightholders shall have the right to 
become members of collective management organisations managing their copyrights. 
Associations of rightholders or other collective management organisations shall also be 
accepted to membership provided they fulfil the membership requirements.  
(2) Persons referred to in the preceding paragraph shall become members of the 
collective management organisation to which they gra nt authorisation to manage their 
copyrights on particular works and for particular territories provided they meet the 
membership requirements, which shall be based on objective, transparent and non-
discriminatory criteria defined in the statute of the coll ective management organisation.  
(3) Authorisations granted to the collective management organisation by 
rightholders shall be deemed applications for membership in the collective management 
organisation unless expressly indicated otherwise by the rightholders. The collective 
management organisation shall decide on the rightholder application for membership within 
30 days of receipt of the authorisation. Should the collective management organisation 
refuse to grant membership, the reasons thereof shall be gi ven to the rightholder in writing.  
(4) The collective management organisation shall charge no membership fees to 
its members in the cases referred to in Article 9 of this Act.  
(5) The collective management organisation shall enable communication by 
electronic means with the rightholders whose rights are under its management, including for 
the purposes of exercising members’ rights.  
(6) Immediately after the application referred to in paragraph three of this Article is 
granted, the collective management orga nisation shall enter the rightholder into the records 
of membership kept for the purpose of the effective exercise of members’ rights.  (7) The records of membership shall include:  
1. the personal name and address or the company name and registered office of m embers;  
2. other contact details for purposes of identifying and locating rightholders (telephone, fax, 
email, etc.); 
3. the tax identification number;  
4. the number of voting rights of a member;  
5. the total number of members; and  
6. the total number of voting rights.  
(8) Rightholders who have granted their authorisation to collectively manage their 
rights to the collective management organisation but do not wish to become its members 
shall be entered into the records of rightholders kept for the purpose of ensuring security of 
legal transactions, this including the data referred to in points 1, 2 and 3 of the preceding 
paragraph.  
(9) The records of membership and the records of rightholders shall be available 
on the website of the collective management organisat ion and shall be accessible to its 
members, to the rightholders whose rights are under its management and to the competent 
authority, with the exception of the addresses, contact details and tax identification numbers 
of natural persons.  
(10) The collectiv e management organisation shall regularly update such records.  
Article 20 
(Rights of rightholders that are not members of collective management organisations)  
Collective management organisations shall manage the copyrights of rightholders 
that are not its members in the same way as it manages those of its members.  
Article 21 
(The statute)  
(1) The statute of the collective management organisation shall be drawn up as a 
notarial deed and shall, in addition to the contents governed by other regulations and thi s 
Act, include:  
1. the name or company name and the registered office of the collective management 
organisation and its business address;  
2. the activity of the collective management organisation;  
3. the bodies of the collective management organisation and their respective powers;  
4. the number of management body members and the number of supervisory board 
members;  
5. the duration of the term of office of the members of the management body and the 
supervisory board;  
6. the types of copyright work and the categories of copyri ght on works under its 
management;  
7. the method of gathering data on the copyright works and rights managed by the 
collective management organisation under authorisation of rightholders or under 
applicable law, the method of managing its repertoire, and the manner of accessing its 
repertoire;  
8. the form and manner of publication of information important for the collective 
management organisation or its members;  9. the collective management organisation membership requirements, which shall lay down 
equal conditions for all rightholders, including other collective management organisations 
and associations of rightholders;  
10. the rights of members and the manner of their participation in the bodies of the collective 
management organisation, including representation of particular categories of copyright 
holders in any body on an equal footing;  
11. the obligations of members related to the communication of information about copyright 
works and rights managed by the collective management organisation and information 
needed for the payment of rights revenue and compensation;  
12. the method of resolving disputes between the collective management organisation and 
its members and rightholders or a foreign collective management organisation with 
which it has concluded a representation agreement and between the collective 
management organisation and a user, where the method of dispute settlement shall 
ensure access to effective and timely procedures for dealing with complaints and dispute 
settlement and shall include the obligatio n of the collective management organisation to 
provide reasoned replies in writing;  
13. the requirements for renewing or terminating membership of the collective management 
organisation, including early termination of membership and withdrawal of the 
authorisation for particular rights or particular copyright works or particular territory.  
(2) The statute of a collective management organisation which manages different 
categories of copyright on different types of copyright work or different rights of different 
rightholders shall define a management method which shall ensure that each category of 
rightholders only decides on issues concerning collective management of copyrights on their 
works and on common issues concerning the collective management of copyrights . 
(3) The statute may regulate individual issues governed by this Act in a different 
way if expressly provided for by this Act.  
(4) The statute and any amendments thereto shall be adopted at the general 
meeting with a majority of at least three- quarters of  voting rights present.  
(5) The collective management organisation shall submit the statute for 
registration within 14 days of the issue of the permit. The collective management 
organisation shall submit any amendment to the statute for registration within the same time 
limit. 
V. GOVERNANCE OF COLLECTIVE MANAGEMENT ORGANISATIONS  
Article 22 
(Management bodies)  
(1) Notwithstanding the provisions of acts regulating the legal form of a legal 
person which is a collective management organisatio n, the governance of the latter shall be 
regulated by the provisions of this Act.  
(2) The management bodies of the collective management organisation shall be:  
- the general assembly of members;  
- the management; and  
- the supervisory board.  
Article 23 (General assembly of members)  
(1) All members of the collective management organisation shall have the right to 
participate in and vote at the general meeting.  
(2) In principle, each member shall have one vote. However, the statute may 
define criteria for allotting a higher number of votes to a particular member based on the 
duration of their membership or the amounts of rights revenue received from the collective 
management organisation or the number of copyright works, but with no member being 
allotted more than t en votes. The criteria for this shall be proportionate and published on the 
website of the collective management organisation.  
(3) A member of the collective management organisation shall have the right to 
appoint any other person as a proxy to participate in and vote at the general meeting on his 
or her behalf, provided that such appointment does not result in a conflict of interest.  
(4) A proxy shall have such status for a single general meeting and a proxy form 
shall be submitted prior to the commencement of the general meeting. At the general 
meeting, the proxy shall enjoy rights equal to those enjoyed by the appointing member. The 
proxy shall cast votes in accordance with the instructions issued by the appointing member. 
Such instructions shall have bee n clearly indicated in the appointment of the proxy.  
(5) A general meeting shall be convened in cases determined by this Act or the 
statute or when in the best interests of the collective management organisation and in any 
case at least once a year.  
(6) Th e competent authority may participate in the general meetings but shall have 
no right to vote.  
Article 24 
(Convening a general meeting)  
(1) A general meeting shall be convened not later than 15 days before the meeting 
takes place.  
(2) A general meeting shall be convened by the management of the collective 
management organisation.  
(3) A general meeting shall be convened when so requested by members of the 
collective management organisation holding at least five per cent of all voting rights. A 
request to convene the general meeting shall be enclosed with the agenda and proposed 
resolutions. The statute may provide for a smaller share of voting rights required to request 
the convening of a general meeting.  
(4) Upon a request referred to in the preceding paragr aph, the general meeting 
shall be convened as soon as possible and not later than within two months of the submitting 
of the request, and if the meeting is not so convened, the members requesting the general 
meeting may be authorised by a court to convene it. The court shall issue such an order 
without taking statements from other parties. The published notice of the general meeting 
shall include reference to the authorisation by the court.  
(5) The collective management organisation shall forward the notice of the general 
meeting, specifying the agenda and proposed resolutions, to every member.  (6) The notice of the general meeting shall also be published on the website of the 
Agency of the Republic of Slovenia for Public Legal Records and Related Services 
(hereinafter: AJPES) and on the website of the collective management organisation. The 
releases referred to in the preceding sentence shall be free of charge.  
(7) All documents for the general meeting shall be published together with the 
relevant notice on the website of the collective management organisation.  
(8) Resolutions adopted at a general meeting convened contrary to the provisions 
of this Article, except paragraph five of this Article, shall be null and void. An action for nullity 
shall be filed with the competent court within one year of the general meeting.  
Article 25 
(General meeting powers)  
(1) A general meeting shall decide on:  
- the adoption of the statute and any amendment thereto;  
- the appointment or dismissal of or remuneration and other pecuniary and non- pecuniary 
benefits accorded to members of the supervisory board;  
- the rules on the distribution of collected rights revenue due to rightholders;  
- the rules on the use of undistributed amounts of rights revenue;  
- the rules on the investment policy with regard to rights revenue investment in bank 
deposits and the use of resulting income;  
- the rules on operating costs;  
- the use of undistributed rights revenue;  
- the rules on dedicated funds;  
- the rules on risk management, unless this power is dele gated to the supervisory board 
by way of a resolution of the general meeting or the statute;  
- the approval of any acquisition, sale or hypothecation of immovable property, unless this 
power is delegated to the supervisory board by way of a resolution of the general 
meeting or the statute;  
- the approval of taking out loans or providing security for loans, unless this power is 
delegated to the supervisory board by way of a resolution of the general meeting or the 
statute;  
- the approval of merger s, the setting -up of subsidiaries and the acquisition of shares in an 
outsourced service provider;  
- the appointment of auditors;  
- the adoption of the annual report;  
- the approval of a contract with an outsourced service provider and any amendments 
thereto; and  
- other issues in accordance with the act regulating the legal form of a legal person.  
(2) The general assembly shall adopt its resolutions by a majority of the voting 
rights present unless a larger majority is specified in this Act or in the statute.  
(3) A list of members or their proxies present at the general meeting shall be 
drawn up for the purpose of the effective exercise of the members’ rights and shall indicate 
the personal names and addresses or company names and registered offices, the number of 
voting rights held by individual members, and the total number of the voting rights present at 
the general meeting. The list shall also indicate voting rights by categories of rightholders 
where the collective management organisation manages different cate gories of copyright on 
different types of copyright work or different rights of different rightholder categories.  (4) Minutes of the general meeting shall be taken and these shall be signed by the 
chairperson of the general meeting. The minutes shall indic ate the venue and date of the 
meeting, the total number of voting rights present, any resolutions adopted, and the outcome 
of any votes. The minutes shall be published on the website of the collective management 
organisation within seven days of the general meeting.  
Article 26 
(Management)  
(1) The management shall direct the business operations of the collective 
management organisation independently and at its own liability.  
(2) The management shall represent the collective management organisation and 
act o n its behalf.  
(3) In performing their tasks, the management body members shall act with the 
due diligence of good business practice and for the benefit of the collective management 
organisation, its members and the rightholders whose rights are collectively managed.  
(4) The management shall report at least quarterly to the supervisory board on the 
operation and business activities of the collective management organisation, in particular on 
the total amount of collected rights revenue and operating costs, with such data being shown 
by categories of copyright, types of copyright work and types of use.  
(5) Persons may serve as members of the management body only if they meet the 
requirements for management or supervisory body membership prescribed by  the act 
regulating companies.  
Article 27 
(Supervisory board)  
(1) The collective management organisation shall have a supervisory body 
composed of at least three persons. The composition of the supervisory body shall ensure 
fair and balanced representation of the different categories of rightholders.  
(2) Persons may be appointed members of the supervisory board only if they meet 
the requirements for management or supervisory body membership prescribed by the act 
regulating companies.  
(3) In performing their  tasks, the supervisory board members shall act with the due 
diligence of good business practice and for the benefit of the collective management 
organisation, its members and the rightholders whose rights are collectively managed.  
(4) The supervisory body  shall supervise the management in the conduct of the 
business of the collective management organisation and monitor the implementation of 
resolutions adopted at general meetings. The conduct of the business itself may not be 
transferred to the supervisory  board. The statute or the supervisory board may specify 
certain types of transactions which may only be performed with the consent of the latter. 
Where the supervisory body refuses to give such consent, the management may request the 
general meeting to decide thereon. A resolution granting consent shall be adopted with the 
majority of at least three- quarters of the voting rights present at the general meeting.  
(5) The supervisory board shall decide on the appointment, dismissal, 
remuneration, severance pay , and other pecuniary and non- pecuniary benefits accorded to members of the management body. The chairperson of the supervisory board shall represent 
the collective management organisation against the management body members.  
(6) The supervisory board may request the management to submit information 
necessary for supervision even if such information includes personal or other protected data.  
(7) The supervisory board may convene a general meeting. The supervisory board 
shall submit a report on its work at t he general meeting at least once a year.  
(8) The members of the supervisory board shall elect a chairperson from among 
its members. The supervisory board shall adopt its rules of procedure by a majority vote of its 
members.  
(9) The supervisory board shall be convened by the chairperson. The supervisory 
board shall be convened at least quarterly and more frequently if so stipulated in the statute.  
(10) Each supervisory board member shall have one vote. The supervisory board 
shall be in quorum if at least hal f of its members are present during decision- making, unless 
otherwise stipulated in the statute. A resolution shall be deemed valid when adopted by a 
majority of the votes cast. In the case of an equal number of votes, the chairperson of the 
supervisory bo ard shall have a casting vote.  
(11) Minutes of supervisory board meetings shall be taken and these shall be 
signed by the chairperson of the supervisory board.  
Article 28 
(Damage liability of the management and supervisory boards)  
(1) The members of the supervisory board and the management body of the 
collective management organisation shall be jointly and severally liable for any damage 
caused by a breach of their duties unless they can prove that they have discharged their 
duties with due care and diligen ce. 
(2) Any claims brought under the preceding paragraph shall fall under the statute 
of limitations five years after the damage occurred.  
Article 29 
(Conflicts of interest) 
(1) Members of the supervisory board and the management body shall annually 
provid e written statements on conflicts of interest at the general meeting.  
(2) The statement on conflicts of interest shall contain information on:  
- any interests the members of the management body or supervisory board have in the 
collective management organisat ion; 
- any remuneration received in the preceding business year from the collective 
management organisation or outsourced service provider, including payments to 
supplementary pension schemes, and all other types of benefits;  
- any rights revenue received in t he preceding financial year from the collective 
management organisation; and  
- any actual or potential conflict between any personal interests and the interests of the 
collective management organisation or between any obligations to the collective 
management organisation and any duty owed to any other legal or natural person.  VI. COLLECTION AND DISTRIBUTION OF RIGHTS REVENUE  
Article 30 
(Collection and distribution of rights revenue)  
(1) A collective management organisation shall act with diligence i n collecting, 
managing and distributing rights revenue.  
(2) The collective management organisation shall keep separate in its accounts:  
- the amounts of rights revenue collected and any income from bank deposits by 
categories of copyright and  
- any of its own assets and income arising from such assets and income from managing 
rights revenue for other collective management organisations under representation 
agreements by categories of copyright.  
(3) The assets referred to in indent one of the preceding paragraph shall not be 
subject to enforcement or bankruptcy.  
(4) The amounts referred to in indent one of paragraph two of this Article shall be 
used for no other purpose than to be distributed to the rightholders in accordance with 
predetermined rules on the distribution of collected rights revenue. Operating costs may be 
deducted from the income referred to in paragraph two of this Article.  
(5) The rules on the distribution of collected rights revenue due to rightholders 
shall take account of the actual use of  a particular copyright work whenever this is possible 
given the nature of use of the copyright work and economically justified in terms of the costs 
of monitoring the actual use.  
(6) Pending distribution, the collective management organisation may only invest 
the collected rights revenue in bank deposits, whereby such investment shall not affect the 
deadlines for distribution referred to in Articles 34 and 35 of this Act.  
Article 31 
(Specific distribution)  
(1) The amounts of compensation collected pursuant  to paragraph two of Article 
37 of the ZASP shall be distributed so that the authors receive 40%, the performers 30% and 
the producers of phonograms or film producers 30%.  
(2) The amounts of compensation collected pursuant to paragraph three of Article 
37 of the ZASP shall be distributed so that the authors and the publishers receive 50% each.  
(3) The amounts of compensation collected pursuant to point 2 of paragraph one 
of Article 47 of the ZASP shall be distributed so that the authors receive 30% and the 
rightholders 70%. Authors may not waive the right to their share.  
Article 32 
(Operating costs)  
(1) Operating costs shall include the costs incurred by a collective management 
organisation through reasonable and prudent management for the benefit of rightholders and 
which are strictly necessary to carry out its activity.  (2) The operating costs shall be reasonable and in compliance with the rules on 
operating costs. The operating costs shall be justified and documented.  
(3) The general meeting of the collect ive management organisation shall define 
the maximum permitted percentage of operating costs in relation to the collected rights 
revenue and any income from bank deposits.  
(4) Before the collective management organisation starts to manage a copyright, it 
shall provide the rightholder with information on the rules on operating costs.  
Article 33 
(Dedicated funds)  
(1) Notwithstanding paragraph four of Article 30 of this Act, a collective 
management organisation may set up dedicated funds in accordance with the statute. The 
collective management organisation shall be obliged to set up such dedicated funds if it 
holds any undistributed rights revenue.  
(2) The collective management organisation shall allocate a maximum of 10% of 
the collected rights revenue to the dedicated funds. The amount allocated to the dedicated 
funds shall be determined at the general meeting, with such a vote needing to be carried by 
at least three- quarters of the voting rights present.  
(3) The funds shall represent separate assets earmarked to promote artistic 
creativity and to disseminate new copyright works in areas significant for the preservation of 
cultural diversity, i.e. funding shall be granted to promising authors permanently residing in 
the Republic of Slovenia or to authors permanently residing in Republic of Slovenia for social 
or educational purposes.  
(4) The assets of each fund shall be kept separate in the account of the collective 
management organisation.  
(5) The rules on dedicated funds shall provide for transparency in t he operation of 
the dedicated funds and shall define:  
1. the dedicated funds of the collective management organisation;  
2. the rules on payments into and disbursements from the funds;  
3. the predefined rules on use of funds;  
4. the definition of the term "promising author"; and 
5. the rules on supervision of the use of funding granted.  
Article 34 
(Distribution of rights revenue collected)  
(1) A collective management organisation shall regularly, diligently and accurately 
distribute and pay out collected rights revenue to authors in accordance with predefined rules 
on the distribution of collected rights revenue.  
(2) The collective management organisation shall ensure that the collected rights 
revenue is distributed and paid out as soon as possible and no later than nine mo nths from 
the end of the financial year in which the revenue was collected unless objective reasons 
beyond the control of the collective management organisation or outsourced service provider 
prevent it from so doing. Such objective reasons shall be related in particular to reporting by 
users, identification of rights, rightholders or matching of information on copyright works.  Article 35 
(Treatment of undistributed rights revenue)  
(1) Where it is not possible to distribute rights revenue, the relevant amou nts shall 
be kept in a separate account of the collective management organisation (undistributed rights 
revenue).  
(2) The collective management organisation shall make every effort to identify and 
locate rightholders concerned by examining information on r ightholders, membership 
records, records on rightholders and other data available.  
(3) The collective management organisation shall make information on the 
copyright works for which no rightholders have been identified or located available to the 
rightholders it represents and to the collective management organisations with which it has 
concluded representation agreements, and shall do so no later than within three months of 
the expiry of the deadline set in paragraph two of the preceding Article.  
(4) The i nformation referred to in the preceding paragraph shall include, where 
available, the following:  
- the title of the copyright work;  
- the name of the rightholder;  
- the name or company name of the publisher, film producer or producer of phonograms; 
and 
- any other  relevant information available which could assist in identifying the rightholder.  
(5) If it is not possible to identify or locate the rightholder after the measures 
referred to in paragraphs two and three of this Article have been taken, the collective 
management organisation shall publish the information referred to in paragraph three of this 
Article on its website, this not later than one year following the expiry of the three- month 
period referred to in paragraph three of this Article.  
(6) Where it is not possible to distribute rights revenue despite all measures taken, 
the amounts concerned shall be deemed undistributed (undistributed rights revenue) after 
three years from the end of the financial year in which they were collected and subject to the 
conditions referred to in paragraphs two, three and five.  
Article 36 
(Representation agreements with foreign collective management organisations)  
(1) A collective management organisation which manages a copyright under a 
representation agreement concluded with a foreign collective management organisation shall 
not treat the rightholders concerned in any way differently from its own members, in 
particular as regards tariffs, operating costs, the collection of rights revenue and the method 
of distri bution.  
(2) The collective management organisation may only deduct operating costs from 
the rights revenue collected under the representation agreement and, if so provided for 
therein, also make deductions for dedicated funds.  
(3) The distribution of the c ollected rights revenue shall be governed mutatis 
mutandis  by the provisions of Article 34 of this Act. Notwithstanding paragraph two of Article 
34 of this Act, the represented collective management organisation shall distribute and pay 
out the collected r ights revenue as soon as possible and no later than six months of its 
receipt.  VII. INFORMATION  
Article 37 
(Rightholders’ right of access)  
(1) In response to a duly justified request by a rightholder whose rights are under 
collective management, a collecti ve management organisation shall forthwith allow the 
rightholder access to its documents and data.  
(2) Prior to accessing the documents and data referred to in the preceding 
paragraph, the rightholder shall sign a statement to protect any business secrets of the 
collective management organisation.  
(3) Where the collective management organisation denies access to the 
documents and data, the rightholder may request a court to issue a decision granting such 
access.  
(4) The rightholder shall be held liable for any damage caused to the collective 
management organisation as a result of disclosure of its business secrets.  
Article 38 
(Provision of information to rightholders and foreign collective management 
organisations)  
(1) At least once a year, a collective management organisation shall provide the 
rightholders to whom rights revenue was granted or paid the information about:  
- the period to which the rights revenue payment refers;  
- the rights revenue amounts granted to the rightholder, by individual rights and by t ype of 
use; 
- the rights revenue amounts paid to the rightholder, by individual rights and by type of 
use; 
- any deductions made in respect of operating costs;  
- any deductions for dedicated funds, provided the rightholder gave relevant consent;  
- any rights reven ue granted to the rightholder but not yet paid out, by individual periods; 
and 
- the contact details of the rightholder for identification purposes.  
(2) At least once a year and by electronic means, the collective management 
organisation shall provide the foreign collective management organisations on whose behalf 
it manages rights under a representation agreement information about:  
- the rights revenues collected on the basis of the representation agreement;  
- any deductions made in respect of operating costs;  
- any deductions for dedicated funds, provided the foreign management organisation gave 
relevant consent;  
- the persons granted the permission to use the copyright work covered by the 
representation agreement; and  
- the resolutions adopted at general meetings insofar as they are relevant to the 
management of the rights under the representation agreement.  
(3) When requested, the collective management organisation shall provide 
information as to whether a work is protected by copyright within 15 days. Th e tariff for the 
information provided shall not exceed the actual cost of drawing up the information.  Article 39 
(Informing the public)  
(1) A collective management organisation shall publish on its website the following 
information, which shall be freely a ccessible to the public:  
1. the permit to collectively manage copyrights;  
2. its repertoire, the copyrights under its management and, in the case of multi -territorial 
licensing of rights in musical works for online use, the territories it covers;  
3. its membership requirements, a sample authorisation form and the requirements 
regarding the termination of authorisation;  
4. any common agreements concluded with the representative associations of users;  
5. a sample of the contract with users and the tariffs for particular types of use;  
6. the names of the foreign collective management organisations with which it has 
concluded representation agreements and a list of such agreements;  
7. the information about its membership in international associations;  
8. its statute; 
9. the rules on distr ibution of collected rights revenue due to rightholders;  
10. the rules on the use of undistributed amounts of rights revenue;  
11. the rules on the investment policy with regard to rights revenue investment in bank 
deposits and the use of resulting income;  
12. the rules on operating costs;  
13. the rules on the dedicated funds;  
14. the risk -management rules;  
15. data on the persons authorised to represent it;  
16. a list of members of its bodies, except the general assembly;  
17. the information referred to in paragraph three of Article 35 of this Act;  
18. the number of its members and the total number of voting rights;  
19. provisional tariffs;  
20. its adopted annual report and an audit report;  
21. the criteria used for setting tariffs; and  
22. the method of resolving disputes between the collective management organisation and 
its members, rightholders, foreign collective management organisations and users.  
(2) The collective management organisation shall keep the documents and 
information referred to in the preceding paragraph regularly updated. The annual report, 
together with the audit report, shall remain published on the website of the collective 
management organisation for a minimum period of five years after its adoption.  
VIII. ANNUAL REPORTS OF COLLECTIVE MANAGEMENT ORGANISATIONS AND 
AUDITS  
Article 40 
(General provisions on annual reports)  
(1) An annual report of a collective management organisation shall be drawn up in 
a clear and transparent manner. It shall present a true and fair view of assets and liabilities, 
financial status, and the profits and losses of the collective management organisation.  
(2) When the collective management organisation manages different rights of 
rightholders in different types of copyright works, the collective management of rights shall be 
separately pre sented in the annual report.  (3) The members of the management body and supervisory board shall jointly 
ensure that the annual reports and their components are drawn up and published in 
accordance with this Act, Slovene accounting standards and international financial reporting 
standards. They shall act within the scope of their powers and with due care and 
responsibility as provided for by this Act.  
(4) The annual report and its components shall be signed by all members of the 
management body of the collec tive management organisation.  
(5) The annual report shall be drawn up on the basis of the closed accounts within 
three months of the end of each financial year.  
(6) After the audit of the annual report has been completed, the supervisory board 
shall verify  the annual report submitted by the management and draw up a written report on 
its findings for the general assembly. The report shall indicate the method and scope of the 
examination of the management of the collective management organisation during the 
financial year. The report shall conclude with any comments the supervisory board may have 
on the annual report.  
(7) The general assembly shall decide on the adoption of the annual report no 
later than eight months after the end of the financial year.  
(8) T he annual report, together with the audit report, shall be submitted to AJPES 
for the purpose of its publication within eight months of the end of the financial year.  
Article 41 
(Annual report composition)  
(1) An annual report of a collective management or ganisation shall include at 
least:  
- a balance sheet;  
- an income statement;  
- a cash -flow statement;  
- notes on the financial statements;  
- a report on the utilisation of dedicated funds, if applicable;  
- a report on the activities in the financial year;  
- a report on any operations with outsourced service providers;  
- information on any refusals to grant permission to use the copyright works in the 
repertoire of the collective management organisation;  
- a statement on any conflicts of interest as referred to in Article 29 of this Act; 
- a description of the legal form and the method of management and supervision of the 
collective management organisation;  
- the total amount of remuneration paid in the previous financial year by the collective 
management organisation to members of the management body and supervisory board, 
indicated separately for the two boards, including payments to supplementary pension 
schemes and any other types of benefits; and  
- the company names or names and registered offices of connected persons and 
outsourced service providers.  
(2) The notes on financial statements shall include explanations concerning:  
1. the total amount of rights revenue collected by the collective management organisation 
with a detailed explanation and broken down by categories of copyrights, by types of use 
and by financial year for which it was collected;  2. the total amount of costs incurred by the collective management organisation and their 
percentage of the total amount of the collected rights revenue with a detailed explanatio n 
and broken down by categories of copyrights and by types of use;  
3. operating costs and their percentage of the total amount of the collected rights revenue, 
whereby the data shall be shown by categories of copyrights and by types of use, with a 
detailed ex planation and broken down into at least the following items:  
- costs associated with the collection of rights revenue and compensation;  
- costs associated with the distribution of rights revenue and compensation;  
- lawyers’ fees;  
- IT costs;  
- labour costs;  
- outsourc ed service providers’ costs; and  
- other operating costs of the collective management organisation;  
4. the amount of costs associated with the operation of dedicated funds and their 
percentage compared to the total amount of the collected rights revenue;  
5. the resources used to cover the costs of the collective management organisation;  
6. the amounts allocated to dedicated funds with a detailed explanation and broken down 
by categories of copyrights and by types of use;  
7. the number of rights revenue distributions by categories of copyrights and types of use;  
8. the total amount of rights revenue granted to rightholders with a detailed explanation and 
broken down by categories of copyrights, by types of use and by financial year for which 
they were collec ted; 
9. the total amount of rights revenue paid to rightholders with a detailed explanation and 
broken down by categories of copyrights, by types of use and by financial year for which 
they were collected;  
10. the total amount of rights revenue granted to rightholders but not yet paid out with a 
detailed explanation and broken down by categories of copyrights, by types of use and 
by financial year for which they were collected;  
11. the total amount of rights revenue collected but not yet granted to rightholders, whereby 
these data shall be broken down by categories of copyrights, by types of use and by 
financial year for which they were collected;  
12. reasons for failing to grant or pay due amounts to rightholders in the time limits referred 
to in Articles 34 and 35 of thi s Act;  
13. the amount of undistributed rights revenue and an explanation as to their use;  
14. the amounts received from and paid to other collective management organisations, 
broken down by categories of copyrights, by types of use and by individual collective 
management organisations;  
15. the amounts of operating costs charged to other collective management organisations, 
broken down by categories of copyrights, by types of use and by individual collective 
management organisations;  
16. the amounts of operating costs paid to other collective management organisations, 
broken down by categories of copyrights, by types of use and by individual collective 
management organisations;  
17. the amount of rights revenue originating from other collective management organisation 
and di rectly distributed to rightholders;  
18. all transactions conducted with connected persons; and  
19. the average number of employees in the financial year.  
(3) The special report on the utilisation of dedicated funds shall disclose 
information concerning the allocat ion of rights revenue to the dedicated funds, broken down 
by categories of copyrights and by types of use, and shall also include a detailed explanation 
of the utilisation of the dedicated funds, including data on recipients and amounts received 
and the total assets of each dedicated fund.  (4) The report on operations with an outsourced service provider shall disclose any 
legal transactions with the outsourced service provider entered into by the collective 
management organisation and the total amount of payments by the collective management 
organisation, broken down by individual legal transactions.  
Article 42 
(Audits) 
(1) An annual report of the collective management organisation shall be audited by 
a certified auditor no later than six months after the end of the financial year and in the 
manner and under the conditions stipulated by the Act governing audits.  
(2) The audit report shall, mutatis mutandis , be subject to the provisions of the Act 
regulating companies.  
Article 43 
(Special audits)  
(1) A general  meeting may appoint, by a simple majority of the voting rights 
present, a special auditor to carry out a special audit of the management of individual 
transactions in the collective management organisation. The notice of the general meeting 
shall indicate  proposals for the certified auditor and the types of transactions to be audited as 
tabled by the proposers.  
(2) When the appointment of a special auditor is rejected by the general meeting, 
the special auditor may be appointed by a court on the proposal of at least five percent of all 
voting rights provided there are grounds for suspecting that fraudulent acts or serious 
violations of the law or the statute occurred in procedures or business operations.  
(3) An auditor that has conducted an audit of the annual report of the collective 
management organisation in the preceding five years shall not be appointed as a special 
auditor.  
(4) The costs associated with the special audit shall be covered by the collective 
management organisation. The collective managem ent organisation shall have the right to 
request the proposers referred to in paragraph one or two of this Article to reimburse the 
costs it incurred in relation to an unsubstantiated special audit in accordance with the general 
rules on liability for damages.  
(5) The management of the collective management organisation shall publish the 
special audit report on the organisation’s website within three days of its receipt.  
IX. COMMON AGREEMENTS AND TARIFFS  
Article 44 
(Common agreements)  
(1) A common agreement  between a collective management organisation and a 
representative association of users of copyright works in the repertoire of the collective 
management organisation shall be concluded in writing. Representative associations of 
users shall mean those asso ciations that represent the majority of users from a particular field of activity with regard to their number and associations recognised as representative by 
law. 
(2) A common agreement may also be concluded between the collective 
management organisation and an individual user of copyright works from its repertoire when, 
due to the nature of the activity, this individual is the only one carrying it out. The provisions 
applying to representative associations of users shall also apply, mutatis mutandis , to the 
individual user under this provision.  
(3) The collective management organisation shall publish its initial invitation to 
negotiate the common agreement on its website and on the website of AJPES.  
(4) The common agreement shall include at least:  
1. the tari ff; 
2. the terms of use of copyright works with regard to context of use;  
3. contexts of use that shall give rise to an increase or decrease in the payment of rights 
revenue or compensation under the tariff or to exemption from such payment;  
4. the deadline for payment of rights revenue or compensation;  
5. the method of payment of rights revenue and possible back payment with regard to the 
provisional tariff referred to in paragraph four of Article 45 of this Act for the use of 
copyright works pending the conclusion of the common agreement, provided that the 
aforementioned agreement introduces a tariff for the particular type of use of copyright 
works; and  
6. representatives of the collective management organisation and representative 
association of users of copyright w orks who shall monitor the implementation of the 
common agreement.  
(5) Collective management organisations and users shall negotiate in good faith 
and exchange any information necessary to conclude the common agreement.  
(6) The collective management organi sation shall publish the common agreement 
in the Official Gazette of the Republic of Slovenia ( Uradni list RS ). 
(7) The common agreement shall start to apply to any user of the same category 
of copyright works in the repertoire of the collective management organisation, regardless of 
their participation in negotiations or in the conclusion of such an agreement, on the fifteenth 
day following its publication in the Official Gazette of the Republic of Slovenia ( Uradni list 
RS). Users of copyright works in the repertoire of the collective management organisation 
shall conclude a contract with the collective management organisation in accordance with the 
applicable common agreement.  
(8) The applicable common agreement shall be binding on courts.  
(9) Th e provisions of this Article shall apply, mutatis mutandis , to amendments to 
or termination of common agreements.  
Article 45 
(Tariffs)  
(1) The tariffs for the use of copyright works shall specify the amount and the 
method of calculating the rights revenue payable by individual users to the collective 
management organisation for the use of the copyright works in the repertoire of that 
collective management organisation.  (2) The tariffs shall be defined in the common agreement concluded between the 
collective  management organisation and the representative association of users or, if this is 
not possible, in a decision of the Copyright Board (hereinafter: the Board). The tariffs defined 
in the applicable common agreement shall be deemed appropriate until otherw ise decided by 
the Board by way of a final decision.  
(3) The tariffs shall reflect the economic value of the rights under the common 
agreement, the nature and scope of the use of the copyright works, and the economic value 
of the service provided by the collective management organisation and shall, in light of the 
circumstances of the particular case, take into account in particular:  
1. the scope of the repertoire;  
2. the scope of the permit;  
3. the revenue generated from the use of the copyright work, or if this is  not possible costs 
related to such use;  
4. the relevance of the copyright work for the activity of the user;  
5. 5. the ratio between the protected and non- protected copyright works used;  
6. 6. the ratio between the rights managed collectively and those managed individually;  
7. 7. particular complexity of collective management of rights due to a particular use of the 
copyright works; and  
8. 8. comparability of the proposed tariffs and the tariffs of corresponding collective 
management organisations applicable to the same type of copyright works for the same 
type of use in the Republic of Slovenia and other Member States, taking into account the 
gross domestic product per capita in purchasing power units.  
(4) When no tariff has ever been set for a particular type of use of the copyright 
works, the collective management organisation may itself set a provisional tariff, so as to:  
1. exclude the three highest tariffs of the ten tariffs applicable in the Member States for the 
same category of copyrights, the same type of copyright works and the same type of use 
thereof;  
2. calculate the average of the remaining seven Member State tariffs for the same category 
of copyrights, the same type of copyright works and the same type of use thereof; and  
3. apply a correction factor to the average tariff so established by considering the scope of 
the repertoire it represents and the ratio between the average gross domestic product 
per capita in purchasing power units in the remaining seven selected Member States 
and in the Republic of Slovenia, all relative to the calendar year preceding the setting of 
the provisional tariff.  
(5) The provisional tariff shall be null and void unless appropriately explained.  
(6) The collective management organisation shall publish the provisional tariff, 
together with the explanation, and the invitation to negotiate the common agreement on its 
website and on the website of AJPES. The provisional tariff shall start to apply on the 
fifteenth day after its publication on the website of AJPES.  
Article 46 
(Compensati on paid for private and other non- commercial reproduction)  
(1) The amounts of compensation paid for private and other non- commercial 
reproduction which belong collectively to all rightholders entitled to such compensation under 
the act governing copyright and related rights shall be determined jointly by the collective 
management organisation holding a permit to collectively manage the right to compensation 
under Article 37 of the ZASP and the representative association of persons liable referred to 
in paragraph one of Article 38 of the ZASP, applying, mutatis mutandis , the provisions of this Act on the conclusion of the common agreement and the setting of tariffs, with the exception 
of paragraph three of the preceding Article.  
(2) The compensation referred to in the preceding paragraph shall be set for each 
sound recording and each video recording device, for each unrecorded sound or image 
carrier depending on its recording or memory capacity, for each photocopying device 
depending on its performance (number  of copies per minute) and option of colour copies and 
for each copy made for sale.  
(3) The amount of compensation shall be determined by considering:  
1. the anticipated extent of the use of devices and carriers referred to in the preceding 
paragraph for priv ate and other non- commercial reproduction and their price bracket;  
2. the decrease in authors’ revenue due to permitted private and other non- commercial 
reproduction;  
3. the extent of the use of technological measures to protect copyright works or the subject -
matter of related rights referred to in Article 166a of the ZASP;  
4. the comparability with the amount of compensation in other EU Member States, taking 
into account gross domestic product per capita in purchasing power units; and  
5. the scope of free licences or rightholders’ permits allowing free use of copyright works.  
Article 47 
(Obligation to contract)  
(1) A collective management organisation shall treat all users of the same 
category on an equal basis and shall allow them to communicate electronically.  
(2) Us er of works in the repertoire of the collective management organisation may 
at any time request that a non- exclusive contract be concluded for the transfer of rights for 
the use of these works in accordance with the applicable common agreement. The collect ive 
management organisation shall not reject such a request.  
(3) In the absence of a non- exclusive contract for the transfer of rights for the use 
of protected works, the relevant right shall be deemed transferred when the amount charged 
by the collective management organisation under the applicable or provisional tariff is 
deposited into the account of the collective management organisation or with a court or 
notary by a user.  
Article 48 
(Users’ obligation to provide information)  
(1) Users of copyright wor ks in the repertoire of a collective management 
organisation shall send information on the use of relevant copyright works required for the 
purposes of collecting and distributing rights revenue to the collective management 
organisation within the deadline set and in the manner provided for by this Act or a common 
agreement.  
(2) Organisers of cultural and entertainment events and other users of copyright 
works in the repertoire of the collective management organisation shall obtain the rights of 
communicati on to the public prior to the use of such works, where so required by the act 
governing copyright and related rights, and shall afterwards submit schedules of all works 
used or, where this is not possible, other information required for the calculation of rights 
revenue to the competent collective management organisation within fifteen days of their 
use. (3) Broadcasting organisations shall send the competent collective management 
organisation, on a monthly basis, the schedules of broadcasted copyright work s in the 
repertoire of the collective management organisation and shall also publish them on their 
website.  
(4) Where copyright works in the repertoire of the collective management 
organisation are used pursuant to the act governing copyright and related r ights and on a 
non-exclusive basis, users of these works shall send the information regarding such use to 
the competent collective management organisation once a month.  
(5) Persons referred to in Article 35 of the ZASP shall send to the competent 
collective management organisation the information required to calculate the compensation 
due, such as the type and number of sold originals, the persons liable, and the retail price 
excluding public levies, within 30 days of the sale of an original work of fine art. 
(6) The persons liable referred to in paragraph one of Article 38 of the ZASP shall 
send, at the end of each calendar half -year, to the collective management organisation 
holding a permit to collectively manage the right to compensation under Article 37 of the 
ZASP information about the type and number of sold or imported devices and carriers 
referred to in paragraph two of Article 37 of the ZASP and photocopying devices referred to 
in point one of paragraph three of Article 37 of the ZASP and information about the sold 
copies required to calculate the compensation due, unless otherwise provided by the 
collective agreement. The collective management organisation may only use the information 
obtained for the purpose for which i t was provided and shall not disclose it to unauthorised 
persons.  
X. COPYRIGHT BOARD  
Article 49 
(The Board)  
(1) The Board – an independent professional body  – shall have the following 
competences in respect of collective management of rights:  
1. to set appropriate tariffs for the use of copyright works;  
2. to decide on any disputed issue regarding the conclusion of a common agreement; and  
3. to verify the compliance of the published common agreement with the provisions of this 
Act. 
(2) The Board shall decide indepen dently; its decisions shall not be bound by any 
expert or other instructions.  
(3) The Board shall have its seat with the competent authority. The Board shall 
have a secretary to provide it with administrative assistance. The secretary shall be 
appointed by  the competent authority from among the staff.  
(4) The Board shall adopt its rules of procedure and shall publish them on the 
website of the competent authority.  
Article 50 
(Organisation of the Board)  
(1) The Board shall consist of a chairperson and four m embers.  (2) The chairperson and members of the Board shall be appointed and dismissed 
by the minister responsible for the economy. Collective management organisations and 
representative associations of users shall each propose two members of the Board, wit h at 
least one candidate of each proposer holding at least a degree obtained in the second cycle 
study programme in economics in accordance with the act governing higher education. The 
chairperson of the Board shall be proposed by the competent authority.  
(3) On the proposal of the minister responsible for the economy, the competent 
authority shall publish in the Official Gazette of the Republic of Slovenia ( Uradni list RS ) a 
public call inviting collective management organisations and representative associ ations of 
users to nominate, within two months, their respective two members of the Board. Within one 
month of the expiry of the time limit for nominating members of the Board, the competent 
authority shall submit to the minister responsible for the econom y the applications of the 
candidates and the proposal for the chairperson of the Board, who shall meet the conditions 
referred to in paragraphs one and two of Article 51 of this Act.  
(4) When collective management organisations or representative associations of 
users fail to act in compliance with paragraphs two and three of this Article, the competent 
authority shall nominate any members lacking.  
(5) The chairperson and members of the Board shall be appointed by the minister 
responsible for the economy, who shall have the right to reject the competent authority’s 
proposal for appointment of the chairperson or members of the Board. In such a case, the 
procedure referred to in paragraph three of this Article shall be repeated.  
Article 51 
(Terms of office and requirements for the chairperson and members of the Board)  
(1) The chairperson and members of the Board shall hold at least a degree 
obtained in the second cycle study programme in accordance with the act governing higher 
education and shall have at least three years of work experience. The chairperson of the 
Board shall hold a degree in law and shall have passed the state lawyers’ examination. Two 
members of the Board shall have qualifications in economics. The chairperson and members 
of the Board shall ha ve knowledge of copyright law.  
(2) The chairperson or a member of the Board shall not be any of the following:  
1. a member of the executive or official body of a political party;  
2. a member of the management or supervisory board or an authorised representative of a 
collective management organisation or a representative association of users; or  
3. a person having been sentenced to more than six months’ imprisonment by way of a 
final judgment for a premeditated offence prosecuted ex officio . The restriction referred 
to in this last point shall cease when the criminal record is deleted.  
(3) The term of office for the chairperson and members of the Board shall be five 
years. Notwithstanding the preceding sentence, the term of office shall terminate on the day 
of the appointment of a new chairperson or new members of the Board.  
(4) In the case of the resignation of the chairperson or a member of the Board, the 
term of office shall terminate on the day of the appointment of a new chairperson or new 
member of the Board.  
Article 52 
(Dismissal of the chairperson and members of the Board)  (1) The minister responsible for the economy shall dismiss the chairperson or a 
member of the Board when the person concerned:  
- so requests;  
- fails to meet the statutory conditions for appointment (paragraph one of the preceding 
Article); or  
- takes up a position incompatible with the office of chairperson or member of the Board 
(paragraph two of the preceding Article).  
(2) No appeal shall be possible against a decision to dismiss, though an act ion in 
administrative dispute may be brought.  
Article 53 
(Procedures before the Board)  
(1) Collective management organisations or representative associations of users 
may request the Board to set an appropriate tariff or decide on any disputed issue regarding 
a common agreement at any time after the entry into force of a provisional tariff as referred to 
in Article 45 of this Act or within five months of the beginning of negotiations when a common 
agreement fails to be concluded.  
(2) Collective management organisations or representative associations of users 
may request the Board to decide whether the common agreement complies with the 
provisions of this Act and whether a tariff set by the agreement is appropriate.  
(3) If the Board has already decided on the appropriateness of an applicable tariff, 
a new request as in the previous paragraph may be submitted provided that:  
1. not less than six years have elapsed since its entry into force and  
2. important circumstances that influence the appropriateness of the tarif f have occurred.  
(4) The procedure before the Board shall be initiated by a written request including 
at least:  
1. the applicant’s details;  
2. an explanation of issues raised;  
3. a report on negotiations to date; and  
4. the proposal for the tariff or the settlement of the disputed issue.  
(5) The Board shall send the request referred to in the preceding paragraph to the 
other party within 15 days of its receipt and shall invite it to comment on the matter within 30 
days.  
(6) Each party may state the facts a nd submit the evidence on which its motions 
are based or with which allegations and evidence of the other party are being challenged not 
later than at the first oral hearing to be called by the Board, this within three months of receipt 
of the reply or the expiry of the deadline for the other party to submit a reply to the request 
referred to in paragraph four of this Article.  
(7) No expert witness may be appointed by the Board.  
(8) The provisions of the act regulating general administrative procedure shall  
apply in the procedure before the Board unless otherwise provided by this Act.  
Article 54 
(Board decisions)  (1) The Board shall issue a decision within nine months of the conclusion of the 
oral hearing.  
(2) The Board shall set an appropriate tariff or decide on a disputed issue by way 
of a decision, whereby it may approve, amend or annul, in whole or in part, a contested 
common agreement or tariff.  
(3) A final decision of the Board shall be an integral part of the common agreement 
or shall substitute such an agreement when the final decision amends or annuls the 
contested common agreement or when such an agreement has not been concluded.  
(4) The final decision of the Board shall be published in the Official Gazette of the 
Republic of Slovenia ( Uradni lis t RS). 
(5) The decision by the Board setting an appropriate tariff for the use of copyright 
works shall cease to be in force when a new tariff is set by the parties in the common 
agreement.  
Article 55 
(Costs of procedures before the Board)  
(1) The costs of  procedures before the Board shall include the costs incurred by 
the parties and those incurred by the Board.  
(2) Each party shall bear its own costs related to procedures before the Board.  
(3) The following costs incurred by the Board shall be covered by both parties in 
equal shares:  
- the remuneration of the chairperson and members of the Board;  
- travel and other reasonable expenses of the chairperson and members of the Board;  
- costs incurred by necessary evidence- taking; and  
- administrative costs.  
(4) The par ty who initiates the procedure shall make an appropriate (advance) 
payment to cover the costs of the Board within the time limit set by the Board or else the 
request to initiate the procedure shall be dismissed.  
(5) The remuneration of a Board member shall  amount to one- third of the basic 
monthly salary without promotion of a district court judge and shall be paid for each started 
month of the procedure, while the remuneration of the chairperson of the Board shall amount 
to the remuneration of a Board member increased by 20%. The Board members and 
chairperson shall be remunerated for the duration of the procedure but not for longer than 12 
months.  
(6) Following the final decision referred to in the preceding Article, the Board shall 
issue a special decision on its costs and on potential refunding of the appropriate share of 
the costs of the Board to be made by either party to the other party, taking into account the 
advance payment, and shall make payments to its members and chairperson only after the 
aforeme ntioned decision becomes final.  
Article 56 
(Judicial protection against decisions of the Board)  (1) No appeal shall be possible against a decision on the costs of the Board, 
though an action in administrative dispute may be brought; such an action shall be decided 
on by the Administrative Court at its seat.  
(2) The Board shall be exempt from payment of court fees in an administrative 
dispute. Each party shall bear its own costs of the procedure.  
XI. MULTI- TERRITORIAL LICENSING FOR ONLINE USES OF MUSICAL WOR KS 
Article 57 
(Scope of application)  
(1) This Chapter shall apply to collective management organisations holding a 
permit for multi -territorial collective management of copyright on musical work for online 
uses.  
(2) This Chapter shall not apply to collective management organisations which 
grant, on the basis of the voluntary aggregation of the required rights, in compliance with the 
rules on competition, multi -territorial licences for online use of musical works applied for by a 
broadcaster to communicate to the public its radio or television programmes simultaneously 
with the original broadcast, or before or after such a broadcast, or to any online material, 
including previews, produced by or for the broadcaster which is ancillary to the initial 
broadcast of its radio or television programme.  
Article 58 
(Capacity to process multi -territorial licences)  
(1) Collective management organisations shall have sufficient capacity to process 
electronically, in an efficient and transparent manner, data needed f or the administration of 
such licences, including for the purposes of identifying the repertoire and monitoring its use, 
invoicing users, collecting rights revenue, and distributing amounts due to rightholders.  
(2) The collective management organisation sh all be capable of accurately 
identifying the musical works, wholly or in part, which fall under its authorisation to 
collectively manage rights.  
(3) The collective management organisation shall have the ability to identify 
accurately, wholly or in part, wi th respect to each relevant territory, the rights and their 
corresponding rightholders for each musical work or share therein which fall under its 
collective management authorisation.  
(4) The collective management organisation shall make use of unique identifiers in 
order to identify rightholders and musical works, taking into account, as far as possible, 
voluntary industry standards and practices developed at international or European Union 
level.  
(5) The collective management organisation shall make use of adequate means in 
order to identify and resolve, in a timely and effective manner, inconsistencies in data held by 
other collective management organisations granting multi -territorial licences for online use of 
musical works.  (6) In its application for authorisation, the collective management organisation 
shall provide information referred to in Article 13 of this Act and shall also submit evidence of 
fulfilling the conditions referred to in paragraphs one to five of this Article.  
Article  59 
(Electronic communication)  
(1) A collective management organisation shall allow for electronic communication 
with the rightholders whose rights fall under its multi -territorial management, with internet 
service providers and with other collective management organisations.  
(2) The collective management organisation shall enable the use of at least one 
method of electronic communication which shall, as far as is possible, ensure that such 
electronic means take into account the relevant voluntary industry standards or practices 
developed at international or European Union level.  
Article 60 
(Transparency of multi -territorial repertoire information)  
(1) A collective management organisation shall enable the rightholders who 
authorised it to manage their online rights in musical works to submit in electronic form the 
data on the musical works, the rights in these works and the territories for which the 
rightholders authorised the collective management organisation.  
(2) In response to a duly justified request, the collective management organisation 
shall provide up- to-date information by electronic means, enabling the identification of the 
online music repertoire it represents, to online music service providers, to rightholders whose 
rights fall under its multi -territorial collective management and to other collective 
management organisations.  
(3) The information referred to in the preceding paragraph shall include:  
- the musical works represented;  
- the rights wholly or in part under its collective management; and  
- the territories covered.  
The collective management organisation may take reasonable steps, where 
necessary, to protect the accuracy and integrity of the data, to control its reuse and to protect 
commercially sensitive information.  
Article 61 
(Accuracy of mult i-territorial repertoire information)  
(1) Where an online service provider, a rightholder whose rights fall under the 
multi -territorial collective management of a collective management organisation or any 
collective management organisation has grounds to b elieve that the data or information 
referred to in Articles 58 and 60 of this Act concerning their online rights in musical works is 
inaccurate, the collective management organisation shall correct them without undue delay 
provided that the requests are sufficiently substantiated.  
(2) The right referred to in the preceding paragraph may also be requested in 
relation to an authorised collective management organisation referred to in Article 64 of this 
Act by a rightholder whose works are part of the repertoi re of the collective management organisation that granted the authorisation, unless otherwise provided by the representation 
agreement.  
(3) The rules on the procedure for correcting data referred to in paragraphs one 
and two of this Article shall be published on the website of the collective management 
organisation.  
Article 62 
(Reporting by users and invoicing)  
(1) A collective management organisation shall monitor the online use of the 
musical works which it represents, in whole or in part, by online music service providers to 
which it has granted a multi -territorial licence for those rights.  
(2) The online service providers shall accurately report to the collective 
management organisation on the actual use of the musical works. The collective 
managem ent organisation may refuse to accept such reporting by an online service provider 
if it is submitted in a format other than as referred to in paragraph two of Article 59 of this Act 
and shall invite the latter to submit it in the appropriate format.  
(3) A fter having received the report referred to in the preceding paragraph, the 
collective management organisation shall issue an accurate invoice not later that within two 
business days, except where this is not possible for reasons attributable to the online service 
provider.  
(4) The collective management organisation shall invoice the online service 
provider by electronic means and shall offer the use of a least one format which takes into 
account voluntary industry standards or practices developed at international or European 
Union level. The invoice shall identify the works, the corresponding rights and the actual use 
of the works to the extent this is possible on the basis of the information provided by the 
online service provider and the format used to pr ovide such information. The online service 
provider may not refuse to accept the invoice because of its format if the collective 
management organisation is using an industry standard or practices developed at 
international or European Union level.  
(5) The collective management organisation shall enable the online service 
provider to challenge the accuracy of the invoice. The rules on such procedures shall be 
available on the website of the collective management organisation.  
Article 63 
(Payment of rights re venue)  
(1) After having received the report on the actual online use of the musical works 
referred to in paragraph two of the preceding Article, the collective management organisation 
shall distribute the rights revenue not later that within two business days, except where this is 
not possible for reasons attributable to the online service provider.  
(2) The collective management organisation shall provide at least the following 
information to rightholders:  
- the period in respect of which the rights revenue f or the online use of the musical works 
is being paid and the territories in which the uses took place;  
- the amounts of the rights revenue collected and distributed to the rightholder for each 
online right in any musical work;  - deductions for the operating costs of the collective management organisation for each 
online right in any musical work; and  
- the amounts of rights revenue collected, deductions made thereto and the amounts 
distributed in respect of each online service provider.  
Article 64 
(Agreements bet ween collective management organisations for multi -territorial 
licensing)  
(1) A collective management organisation ("the mandating collective management 
organisation") may conclude an agreement with another collective management organisation 
("the mandated collective management organisation") mandating the latter to grant multi -
territorial licences for the online rights in musical works in the music repertoire of the former. 
Such an agreement shall be of a non- exclusive nature or else it shall be deemed nul l and 
void.  
(2) The mandating collective management organisation shall inform its members 
of the main terms of the agreement, including its duration and the costs of the services 
provided by the mandated collective management organisation.  
(3) The mandated collective management organisation shall regularly inform the 
mandating collective management organisation of the main terms according to which the 
licenses are granted, including the type of use of the musical work, all provisions which relate 
to or affe ct the licence fee, the duration of the licence, the accounting periods, and the 
territories covered.  
(4) The mandated collective management organisation shall accurately and within 
two business days distribute the rights revenue to the mandating collectiv e management 
organisation in accordance with the preceding Article. The mandating collective management 
organisation shall be responsible for further distribution of the rights revenue and the 
provision of information referred to in paragraph two of the pr eceding Article, unless 
otherwise agreed by the collective management organisations.  
Article 65 
(Obligation to represent another collective management organisation)  
(1) A collective management organisation which does not grant or offer to grant 
multi -territorial licences for the online rights in musical works in its repertoire shall request 
another authorised collective management organisation to enter into a non- exclusive 
representation agreement.  
(2) The authorised collective management organisation shall  agree to such a 
request if it is already granting or offering to grant multi -territorial licences for the same 
category of online rights in musical works in the repertoire of one or more other collective 
management organisations.  
(3) The authorised collec tive management organisation shall respond to the 
requesting collective management organisation in writing within two business days.  
(4) The authorised collective management organisation shall manage the 
represented repertoire on the same conditions as apply to its own repertoire.  (5) The authorised collective management organisation shall include the repertoire 
of the represented collective management organisation in all offers it addresses to online 
service providers.  
(6) Article 32 of this Act shall apply, mutatis mutandis , to the operating costs 
related to the represented repertoire.  
(7) The represented collective management organisation shall make available to 
the authorised collective management organisation information relating to its own music 
repertoire required for the provision of multi -territorial licences for online rights in musical 
works. Where such information is insufficient, the authorised collective management 
organisation shall be entitled to charge the represented collective management organisation 
additional costs or to exclude those works for which the information is insufficient.  
Article 66 
(Alternative dispute settlement in multi -territorial licences)  
The provisions of Article 68 of this Act shall apply, mutatis mutandis , to disputes 
between collective management organisations and users or one or more rightholders or 
another collective management organisation.  
XII. DISPUTE RESOLUTION  
Article 67 
(Complaint procedures)  
(1) A collective management organisation shall ensure that its members, 
rightholders and other collective management organisations which are parties to a 
representation agreement have access to effective dispute resolution, in particular regarding 
the authorisation to manage the rights, m embership terms, collection and distribution of 
rights revenue, and operating costs.  
(2) The collective management organisation shall respond to a complaint in 
writing. When the complaint is not upheld, the grounds for such a decision shall be stated.  
(3) An action against a final decision of the collective management organisation 
may be brought before a court having jurisdiction in intellectual property cases under the act 
governing courts.  
(4) The procedures referred to in paragraph one of this Article shall be defined in 
the statute of the collective management organisation.  
Article 68 
(Mediation)  
(1) Collective management organisations, representative associations of users, 
users and rightholders may propose the intervention of a mediator on the basis of  a 
mediation agreement.  
(2) Mediation concerning paragraph two of Article 166c of the ZASP and Article 66 
of this Act may be requested without a mediation agreement. In such mediation procedures, the provisions on mediation between the collective management organisation and the 
representative association of users shall apply mutatis mutandis . 
(3) The mediator shall be independent and impartial and shall not be bound by any 
instructions.  
(4) The mediator shall do whatever is necessary to ensure the parties negotiate in 
good faith and that the negotiations are not hindered without a valid reason.  
(5) The mediator may submit a proposal for dispute resolution to the parties. The 
settlement proposal shall be deemed accepted if neither party objects within three m onths of 
the receipt thereof.  
(6) Secrecy shall be guaranteed in the mediation procedure.  
(7) The parties shall jointly choose a mediator from the list of mediators appointed 
by the Government of the Republic of Slovenia (hereinafter: the Government) on th e 
proposal of the minister responsible for the economy. The list shall include the names and 
addresses of the mediators.  
(8) The competent authority shall provide administrative assistance to the 
mediator.  
(9) The mediator shall be remunerated by the parti es for any mediation conducted.  
(10) The Government, by way of a decree, shall determine in greater detail the 
mediation procedures, the level and type of education and other requirements to be fulfilled 
by the mediator, and the remuneration of the mediator.  
XIII. SUPERVISION BY AND MEASURES OF THE COMPETENT AUTHORITY  
Article 69 
(Supervisory powers)  
(1) Supervision of the implementation of this Act shall be carried out by the 
competent authority, excepting for the provision of paragraph eight of Article 40, which shall 
be supervised by AJPES, and the provisions of Article 48 of this Act, to be supervised by the 
Market Inspectorate of the Republic of Slovenia.  
(2) The competent authority shall carry out the supervision in accordance with the 
annual  work programme adopted pursuant to the act governing state administration. In 
addition to the supervision defined in the annual work programme, the competent authority 
may also carry out supervision ex officio  or on the initiative of a third party. The third party 
submitting the initiative for action against the collective management organisation shall not 
be a party to the procedure.  
(3) The competent authority shall have no power to decide on a dispute between 
rightholders and the collective management organisation or between users and the collective 
management organisation.  
Article 70 
(Supervisory board powers)  (1) In the framework of supervision and for the purposes thereof, the competent 
authority may:  
1. inspect the books and other documents of the colle ctive management organisation, even 
if these include personal or other protected data;  
2. request the collective management organisation to provide information or documents 
relating to the organisation or its operations, even if these include personal or other 
protected data; or  
3. request the members of the management body or supervisory board of the collective 
management organisation to explain, either orally or in writing, the facts or documents 
relating to the operation of the collective management organisati on. 
(2) The collective management organisation shall submit full information and 
documents referred to in the preceding paragraph to the competent authority. The competent 
authority shall protect the submitted information and documents in accordance with 
regulations.  
(3) The supervision by the competent authority may also cover past matters which 
shall not be older than five years, unless the supervision procedure had already been 
introduced earlier.  
(4) The provisions of the Act governing general administr ative procedures shall 
apply in the supervision procedure unless otherwise provided by this Act.  
Article 71 
(Obligation of collective management organisations)  
Within 15 days after circumstances have occurred or a document has been 
created or acquired, a c ollective management organisation shall submit to the competent 
authority, as applicable:  
1. invitations to general meetings and meetings of other bodies of the collective 
management organisation, enclosing any materials pertaining thereto;  
2. information about any changes of personnel authorised to represent the collective 
management organisation in accordance with this Act and the statute;  
3. the statute and other internal rules and amendments thereto;  
4. an invitation to negotiate a common agreement with a representative association of 
users;  
5. common agreements concluded with representative associations of users;  
6. provisional tariffs;  
7. agreements with foreign collective management organisations;  
8. minutes of the general meeting of the collective management organisation and any 
materials referred to in paragraph seven of Article 24 of this Act; and/or  
9. a contract referred to in paragraph one of Article 17 of this Act and any amendments 
thereto.  
Article 72 
(Measures in the case of violations committed by collective management 
organisations)  
(1) The competent authority shall issue a decision ordering a collective 
management organisation to remedy any established violations of the provisions of this Act 
within the time limit specified.  (2) Shoul d the collective management organisation fail to remedy the established 
violation referred to in the preceding paragraph, the competent authority may order members 
of its management body to be removed where this is justified by the gravity of the violation.  
(3) The competent authority may decide to withdraw the issued permit where:  
1. circumstances occur which may constitute grounds for refusal to issue a permit;  
2. the collective management organisation delegates its tasks to an outsourced service 
provider in contravention of the provisions of this Act;  
3. the collective management organisation distributes the collected revenue to rightholders 
in contravention of the provisions of this Act or the rules on the distribution of collected 
rights revenue;  
4. the collective management organisation repeatedly violates the provisions of this Act and 
fails to remedy such violations; or  
5. the collective management organisation repeats the same violations established by an 
enforceable decision of the competent authority.  
(4) Where t he competent authority issues a decision to withdraw a permit, it may, 
at the same time, taking into account the gravity of the violation, declare that the withdrawal 
of the permit is not to be effected provided that the collective management organisation 
remedies the established violations within the set time limit and does not commit a new 
violation that would constitute grounds for the withdrawal of the permit within a set period 
which shall not be shorter than one year and shall not exceed three years.  
(5) The decision under paragraphs two or three of this Article shall only be issued 
after the collective management organisation is ordered by the competent authority to 
remedy the violations established.  
(6) No appeal shall be possible against a decision of the competent authority, 
though an action in administrative dispute may be brought; such an action shall be decided 
on by the Administrative Court at its seat.  
(7) The decision referred to in paragraph three of this Article shall become 
enforceable on t he day it becomes final. The competent authority shall publish a notice on 
the final decision in the Official Gazette of the Republic of Slovenia ( Uradni list RS ). 
Article 73 
(Exchange of information between competent authorities)  
(1) Following a duly just ified request by the competent authority of another 
Member State, the competent authority shall provide relevant explanations or information 
without undue delay, in particular with regard to the activities of collective management 
organisations, if such is  available.  
(2) Where the competent authority considers that a collective management 
organisation established in another Member State and operating in the Republic of Slovenia 
does not comply with the national law of the Member State of establishment adopt ed on the 
basis of Directive 2014/26/EU, the competent authority may transmit all relevant information 
to the competent authority of the Member State of the collective management organisation’s 
establishment and may also, where appropriate, request the lat ter to take appropriate action 
within its competence.  
Article 74 
(Informing the Commission and expert group)  (1) The competent authority shall inform the Commission without undue delay 
about any changes to the list of collective management organisations es tablished in the 
Republic of Slovenia.  
(2) The competent authority shall inform the expert group established pursuant to 
Article 41 of Directive 2014/26/EU about any violations referred to in paragraph two of the 
preceding Article.  
XIV. INDIVIDUAL MANAGEME NT PENDING PERMIT ISSUANCE AND DISTRIBUTION OF 
ASSETS  
Article 75 
(Individual management pending permit issuance)  
Rights that may only be managed collectively pursuant to this Act may be 
managed individually until such time as the competent authority issues  a permit for their 
collective management.  
Article 76 
(Distribution of assets)  
(1) All assets acquired by a collective management organisation while its permit 
was withdrawn, all collected and unpaid rights revenue and compensations, any income from 
bank deposits, and the assets of dedicated funds shall be deemed to be the property of the 
rightholders whose rights had been managed by the collective management organisation 
until the permit was withdrawn and shall be distributed to these rightholders not later than 12 
months of the finality of the decision on withdrawal. The distribution shall be carried out 
according to the rules on the distribution of collected rights revenue as applicable on the date 
of issue of the decision on permit withdrawal. Any assets that cannot be attached under 
these rules shall be distributed in equal shares based on the amounts of the rights revenue 
allocated to the rightholders according to the rules on distribution.  
(2) A report by the legal person relating to the situation as on the day of finality of a 
decision on permit withdrawal shall be submitted to the competent authority within three 
months of the day of finality of said decision on permit withdrawal.  
(3) A final report by the legal person relating to the situation as on the day of expiry 
of the time limit for the distribution of assets referred to in paragraph one of this Article shall 
be submitted, together with the audit report, to the competent authority within six months of 
the expiry of the time limit for the distribution of assets referred to in paragraph one of this 
Article. The final report shall be revised by a certified auditor in a manner and under the 
conditions prescribed by the act governing audits.  
(4) The reports referred to in paragraphs two and three of this Article shall be 
drawn up according to the provisions of Articles 40 and 41 of this Act, mutatis mutandis . 
(5) The competent authority shall publish the reports referred to in paragraphs two 
and three of this Article on its website and on the website of AJPES.  
(6) The provisions of this Article shall apply, mutatis mutandis , to other cases of 
permit termination.  XV. PENALTY PROVISIONS  
Article 77 
(Minor offences committed by collective management organisation)  
(1) A collective management organisation shall be fined from EUR 3,500 to EUR 
6,000 for the offences of:  
- failing to submit a proposal to enter the company name or the name in the register 
(paragraph two of Article 15);  
- failing to notify the competent authority of the conclusion, amen dment or cancelation of a 
contract with an outsourced service provider (paragraph five of Article 17);  
- failing to publish records on the website (paragraph nine of Article 19);  
- failing to update data in the records (paragraph ten of Article 19);  
- failing to  take minutes at a general meeting or failing to publish minutes taken on the 
website of the collective management organisation within the prescribed time limit 
(paragraph four of Article 25);  
- failure by members of the supervisory board or management body to annually submit 
their respective written statements on conflicts of interest at the general meeting or 
where such statements fail to include all information (Article 29);  
- failing to take into account cases subject to specific distribution (Article 31);  
- failing to provide information to rightholders or foreign collective management 
organisations at least once a year (paragraphs one and two of Article 38);  
- failure to publish freely accessible information and data (Article 39);  
- failure to draw up the annual  report in due time (paragraph five of Article 40);  
- failure to submit the annual report and the audit report to AJPES (paragraph eight of 
article 40); or  
- failure to publish on its website the special audit report (paragraph five of Article 43).  
(2) The res ponsible person of the collective management organisation shall also 
be fined from EUR 3,500 to EUR 6,000 for an offence referred to in the preceding paragraph.  
(3) The collective management organisation shall be fined from EUR 4,000 to EUR 
7,000 for the offences of:  
- failing to maintain records (paragraphs six and eight of Article 19);  
- failing to keep the collected rights revenue and any income from bank deposits on 
separate accounts by categories of copyrights (indent one of paragraph two of Article 
30); 
- failing to observe the time limits with regard to the distribution of rights revenue (Articles 
34, 35 and 36);  
- failing to act in compliance with a request of the competent authority (paragraph one of 
Article 70); or  
- failing to submit documents within the prescribed period (Article 71).  
(4) The responsible person of the collective management organisation shall also 
be fined from EUR 4,000 to EUR 7,000 for an offence referred to in the preceding paragraph.  
Article 78 
(Minor offences committed by legal pe rsons, individual sole trades and individuals 
who perform independent activities)  
(1) Legal persons, individual sole traders or individuals who perform independent 
activities shall be fined from EUR 600 to EUR 6,000 for the offences of:  - failing to send inf ormation to the collective management organisation on the use of 
copyright works in its repertoire within the deadline and in the manner provided for by 
this Act or a common agreement (paragraph one of Article 48);  
- failing to send the schedules of all work s used or, where that is not possible, other 
information required for the calculation of rights revenue to the competent collective 
management organisation (paragraph two of Article 48);  
- failing to send the schedules of broadcasted copyright works in the r epertoire of the 
collective management organisation to the competent collective management 
organisation once a month or failing to publish the aforementioned schedules on its 
website (paragraph three of Article 48);  
- failing to send to the competent collect ive management organisation information on the 
use of copyright works from its repertoire (paragraph four of Article 48);  
- failing to send, within the prescribe time limit, to the competent collective management 
organisation information required for the cal culation of compensation due, such as the 
type and number of sold originals, on the persons liable, or on the retail price exluding 
public levies (paragraph five of Article 48); or  
- failing to send, at the end of each calendar half -year, to the collective m anagement 
organisation holding a permit to collectively manage the right to compensation under 
Article 37 of the ZASP information about the type and number of sold or imported 
devices for sound and visual fixation, photocopying devices, or blank audio or v ideo 
carriers or information about sold copies required for the calculation of the compensation 
due (paragraph six of Article 48).  
(2) The responsible person of the legal person, individual sole trader or individual 
who performs independent activities shal l also be fined from EUR 600 to EUR 3,000 for an 
offence referred to in the preceding paragraph.  
Article 79 
(Other minor offences committed by legal entities)  
(1) Legal persons shall be fined from EUR 1,200 to EUR 8,400 for failing to submit 
the report and the final report together with the audit report to the competent authority in due 
time (paragraphs two and three of Article 76).  
(2) The responsible person of the legal person shall also be fined from EUR 1,200 
and EUR 4,800 for the offence referred to in the preceding paragraph.  
Article 80 
(Imposition of fines)  
A fine in an amount exceeding the minimum fine under this Act may be imposed in 
expedited proceedings for the offences referred to in this Act.  
XVI. TRANSITIONAL AND FINAL PROVISIONS  
Article 81 
(Harmonisation with the provisions of this Act)  
(1) A collective management organisation already holding a permit issued by the 
competent authority to collectively manage rights shall be harmonised with the provisions of 
this Act within one year of its entry into force.  (2) On the expiry of the time limit referred to in the preceding paragraph, the 
collective management organisation referred to in the preceding paragraph shall submit to 
the competent authority:  
1. the statute;  
2. the rules on the distribution of rights revenue collected;  
3. the rules on the use of undistributed amounts of rights revenue;  
4. the rules on the investment policy with regard to rights revenue investment in bank 
deposits and the use of resulting income;  
5. the rules on operating costs;  
6. the rules on dedicated funds;  
7. the risk management rules; and  
8. the repertoire.  
(3) Should the collective management organisation fail to submit the documents 
referred to in the preceding paragraph to the competent authority or should the submitted 
documents fail t o comply with the provisions of this Act, the competent authority shall act in 
accordance with Article 72 of this Act.  
(4) The collective management organisation referred to in paragraph one of this 
Article shall conform with Articles 40, 41 and 42 of this  Act in the financial year following 31 
December 2016.  
(5) The supervision of the collective management organisation’s compliance with 
the act governing copyright and related rights initiated prior to the entry into force of this Act 
shall be concluded acc ording to the regulations hitherto in force.  
(6) Where no final decision is issued on an application for a permit to collectively 
manage copyrights by the date of the entry into force of this Act, the provisions of this Act 
shall apply.  
(7) Procedures init iated and conducted on the basis of point three of paragraph 
one of Article 149 of the ZASP shall be stayed on the date of the entry into force of this Act.  
(8) Tariffs and common agreements applicable on the date of the entry into force 
of this Act shall be deemed applicable common agreements under this Act.  
(9) Judicial protection proceedings against decisions of the Board in progress on 
the date of the entry into force of this Act under Article 157d of the ZASP shall be concluded 
according to the regulat ions hitherto in force.  
Article 82 
(Harmonisation of regulations)  
(1) The Government shall harmonise the provisions of the Decree on Mediation in 
Disputes Relating to Copyright or Related Rights (Official Gazette of the Republic of Slovenia 
[Uradni list RS , No. 35/05 ]) with the provisions of this Act within six months of the latter’s 
entry into force.  
(2) The Board shall adopt its rules of procedure referred to in paragraph four of 
Article 49 of this Act within three months of its entry into force. Until the rules of procedure 
enter into force, the provisions of the Rules of Procedure of the Board (Official Gazette of the 
Republic of Slovenia [ Uradni list RS , No. 87/12] ) not in contravention of this Act shall apply.  Article 83 
(Notice to rightholders)  
A collective management organisation already holding a permit issued by the 
competent authority to collectively manage rights shall, by 10 October 2016, provide the 
information about the rights under Article 18 of this Act to the rightholders who authorised it 
to manage copyright until the entry into force of this Act.  
Article 84 
(Access to multi -territorial licensing)  
(1) Where a collective management organisation does not hold a permit for multi -
territorial collective management of copyrights in musical works or holds such a permit but 
does not grant licences or does not conclude a representation agreement with another 
collective management organisation by 10 April 2017, the rightholders of online rights in 
musical works may, for the purposes of multi -territoria l licensing, authorise another collective 
management organisation holding such a permit.  
(2) Where a rightholder exercises the right referred to in the preceding paragraph, 
the collective management organisation that does not grant multi -territorial licences for online 
rights in musical works shall not require the withdrawal of the online rights in musical works 
for the purposes of mono- territorial licensing.  
Article 85 
(Provisional tariff for private reproduction)  
A collective manag ement organisation holding a permit to collectively manage the 
right to fair compensation for private and other non- commercial reproduction under Article 37 
of the ZASP may adopt a provisional tariff taking into consideration the provisions on 
provisional tariffs referred to in Article 45 of this Act and paragraphs two and three of Article 
46 of this Act.  
Article 86 
(Term of office of the Board)  
The term of office of the current Board shall terminate five years after the entry into 
force of this Act.  
Article 87 
(Abrogation)  
(1) On the day this Act enters into force, the following shall cease to be in force:  
- point three of paragraph one of Article 1, paragraph four of Article 38, Article 39, Chapter 
VI, points 1, 2 and 3 of paragraph one of Article 185,  and paragraphs three and four of 
Article 189 of the Copyright and Related Rights Act (Official Gazette of the Republic of 
Slovenia [Uradni list RS ], Nos 16/07–  official consolidated text, 68/08, 110/13 and 56/15) 
and 
- the Decree on Arbitration in Disputes Concerning Copyright and Related Rights (Official 
Gazette of the Republic of Slovenia [ Uradni list RS ], No. 65/06).  
(2) On the day this Act enters into force, the words "of this Act" shall be deleted 
from paragraph two of Article 72 of the Copyright and Related Rights Act (Official Gazette of the Republic of Slovenia [ Uradni list RS ], Nos 16/07 – official consolidated text, 68/08, 
110/13 and 56/15).  
(3) On the day this Act enters into force, the Decree on the Amounts of 
Compensation for Reproduction for Pri vate or Other Non- Commercial Reproduction (Official 
Gazet te of the Republic of Slovenia [Uradni list RS ], No. 103/06) shall cease to be in force, 
but shall continue to apply until the entry into force of the provisional tariff referred to in 
Article 85 of this Act.  
Article 88 
(Entry into force) 
This Act shall enter into force on the fifteenth day following its publication in the 
Official Gazette of the Republic of Slovenia ( Uradni list RS).  
No. 120- 01/16- 4/75 
Ljubljana, 22 September 2016  
EPA 1174 -VII 
National Assembly  
of the Republic of Slovenia  
Milan Brglez , m.p.  
President